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Former Fresno City Council member pleads guilty to DUI
As former Fresno City Council member, Sal Quintero can attest, the 'D' in 'DUI' does not mean that you have to be driving in order to be found guilty of “driving under the influence.” Apparently, Mr. Quintero was found asleep in his car that was not running, but with the ignition key in the ‘on’ position. After submitting to a breath test, Mr. Quintero’s blood-alcohol-content registered between .15 and .16%, well above California’s legal limit of .08%. While some eyebrows may have been raised, it is true that one can be arrested for DUI even if not actually seen to be driving. There are a number of appellate cases that have even affirmed DUI convictions where the defendant was asleep or unconscious in his/her car. The theory behind such convictions is that the defendant was “probably” driving some time earlier and was “probably” intoxicated at that time. As a California DUI Defense Attorney, I handle such cases as this that may involve the defendant not actually driving. It is important to note that in order to be convicted of such a charge, certain things must be made apparent. For instance, whether or not the car was running, whether the keys were in the ignition, and where the defendant was seated when found. When it comes to DUI cases, the prosecution has the burden of proving that the defendant was actually “driving” or at the very least, in “physical control” of the vehicle while impaired. If it cannot be proven that the defendant was in physical control of the vehicle, then he or she must be acquitted. Being arrested for DUI tends to be one of the most frightful things that can happen to anyone. If you are arrested for DUI, please contact the DUI Law Office of Thomas Wallin today! If you find yourself in the position where you must “sleep it off,” the best course of action is to turn of the ignition and move to the back of the car with the keys in your pocket!. For more on the Quintero story, visit: http://www.fresnobee.com/263/story/376432.html.
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DUI: Is Jail Time the Best Answer?
Throughout the years, this question has been raised by many drunk-driving defense attorneys, legislators, and many others when it comes to sentencing individuals for driving under the influence (DUI). A long-time supporter of Mothers Against Drunk Driving (MADD) suggests that MADD advocate promoting the sentencing of individuals to treatment centers in lieu of jail. Such individuals would be those who appear to be dependent on alcohol and/or who are mentally ill. The supporter points out that “jail time can be counterproductive” sometimes. As a California DUI defense attorney, I have always felt that jail sentences are not always the best drunk-driving deterrent. Finding in a DUI case the best alternative sentencing option that the judge and district attorney will accept is what a skilled California DUI attorney does. As an experienced drunk-driving defense attorney, I have been able to obtain alternative sentencing options for many clients. Such options include alcohol treatment programs, community service, house arrest, sober living programs, work furloughs, and probation. If you have been charged with DUI in California, contact the California DUI Law Firm of Thomas Wallin today to see if you are eligible for alternative sentencing. Our DUI defense attorneys represent individuals accused of drunk driving throughout Southern California, including Driving Under the Influence cases in Orange County , Los Angeles, Riverside , San Bernardino and San Diego. To read more of the story, visit: http://alcoholism.about.com/library/weekly/aa001113a.htm
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Defendant Wins Breathalyzer Source Code After being arrested for suspicion of driving under the influence (DUI) and submitting to a breath test, Dale Lee Underdahl, at a subsequent court hearing, challenged the breathalyzer’s results and its admittance into evidence by requesting a “complete computer source code” for it. As a skilled DUI defense attorney, I often find the need to make such requests in order to challenge the admissibility of breath test results.
Breath test machines are prone to a number of problems. For years, it has been established that problems do exist with these machines, many of which stem from improper calibration and maintenance. As an experienced California DUI lawyer, I understand exactly how breath tests should be administered and am aware of the flaws in the processes that exist. I will fully investigate the accuracy of the results and when discrepancies are noted, move to have the test results excluded as evidence.
When you are arrested for DUI , the single most important thing to do is to contact a California DUI attorney as soon as possible. California DUI laws are constantly changing and tend to be quite complex. As a leading California DUI Law Firm, our drunk-driving defense attorneys are highly experienced at building a strong DUI defense for our clients, which often minimizes the penalties incurred. If you have been arrested for DUI/Drunk driving in California, please contact the Law Offices of Thomas Wallin for a FREE CONSULTATION immediately. Our DUI Law Firm represents individuals accused of drunk driving throughout Southern California, including Driving Under the Influence cases in Orange County, Los Angeles, Riverside , San Bernardino and San Diego
To read more about Dale Lee Underdahl’s case, please visit http://www.news.com/Police-Blotter-Defendant-wins-breathalyzer-source-code/2100-7348_3-6201632.html.
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Recently, in Massachusetts a town police officer was cleared of drunk-driving charges by a Fitchburg District Court Judge. The charges against James Scesny, 38, of Clinton, were dismissed after Judge Andrew Mandell threw out the blood alcohol results because they were taken at the hospital without Scesny’s consent.
Mr. Scesny was first arrested in May of 2007 after an accident in Clinton in which he and his girlfriend were injured when Mr. Scesny struck a telephone pole. The case was headed toward a jury trail, but in a hearing on February 1, 2008, Judge Mandell allowed Scesny’s attorney’s motion to keep the blood alcohol test out of the trial. Two blood samples that were taken at the Clinton Hospital showed that Mr. Scesny’s blood-alcohol content was 0.168%, well above Massachusetts’s legal limit. In his motion to dismiss the test results, Scesny’s attorney argued that the police took the samples without his consent. Mr. Scesny stated that he did, in fact, refuse to submit to blood testing three times. Further, Mr. Scensy’s attorney cited the Fourth Amendment’s protection of unreasonable searches and seizure of property. Scesny was ordered to pay $200 in court costs and $50 for a victim witness assessment. He will return to active duty at the end of March, following a six-month suspension.
Mr. Scesny is quite lucky that his arrest did not occur here in California. As a California DUI Attorney, I regularly handle refusal cases, but unfortunately, California law does allow the police to force blood draws on individuals suspected of drunk driving. If, like Mr. Scesny, you refuse a chemical test, the police may opt to force a blood sample from you. In addition, because of your refusal, you will incur additional penalties for refusing to submit to the chemical test. According to California law, an individual who refuses to submit to chemical testing may be subjected to a forced blood draw without violating his or her Fourth Amendment rights (People v. Sugarman (2002) 96 Cal.App.4th 210, 214-216) so long as there is probable cause to believe that the individual was driving drunk and the blood draw is performed in a reasonable, medically approved manner. (People v. Ford (1992) 4 Cal.App.4th 32, 35.)
When you are arrested for driving-under-the-influence (DUI) of alcohol or drugs, the single most important thing you should do is to contact a California DUI defense attorney as soon as possible. California DUI laws are constantly changing and are highly complex. Our California DUI Law Firm, has experienced drunk-driving defense attorneys who are skilled at building a strong drunk-driving defense for our clients and who are often are able to minimize the penalties that result from such charges. If you have been arrested for DUI in California, please contact the Law Offices of Thomas Wallin for a FREE CONSULTATION immediately. We represent individuals accused of DUI throughout Southern California, including those drunk-driving cases in Orange County, Los Angeles, Riverside, San Bernardino, and San Diego. To read more about Mr. Scesny’s case, visit: http://www.metrowestdailynews.com/news/x2019417142
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